HOWELL v. APPALACHIAN ENERGY, INC.

No. 25334.

519 S.E.2d 423 (1999)

205 W.Va. 508

Kinsey Martin HOWELL, Plaintiff below, Appellee, v. APPALACHIAN ENERGY, INC., a Pennsylvania corporation; Defendant below; Westar Energy, Inc., a Texas corporation; and Pentex Energy, Inc., a Pennsylvania corporation, Defendants below, Appellants. Charles E. Tomes and Julie J. Tomes, his wife, Plaintiffs below, Appellees, v. Doran & Associates, Inc., a Pennsylvania corporation, Defendant below; Westar Energy, Inc., a Texas corporation; and Pentex Energy, Inc., a Pennsylvania corporation, Defendants below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided June 17, 1999.


Attorney(s) appearing for the Case

Donald J. Epperly, Esq., Ancil G. Ramey, Esq., Steptoe & Johnson, Clarksburg, West Virginia, Attorney for the Appellees.

Larry L. Skeen, Esq., Skeen & Skeen, Ripley, West Virginia, Attorney for Appellants Westar Energy, Inc. and Pentex Energy, Inc.


STARCHER, Chief Justice:

In this action on an oil and gas lease, we are asked to determine whether a circuit court erred in granting summary judgment to the plaintiff-lessors, and in so doing holding that the defendant-lessees had abandoned two oil and gas leases. We are also asked to examine W.Va.Code, 36-4-9a [1994], which states that if a lessor fails to operate an oil or gas well for more than 24 months, then...

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